YouTube Ads Awards Philippines 2017 - Terms and Conditions
This YouTube Ads Awards Philippines (the “Contest”) is run by Google Asia Pacific Pte. Ltd. with offices at 70 Pasir Panjang Road, 03-71 Mapletree Business City II, Singapore 117371 (“Google”).
To enter this Contest, any participating business ("Business" or “you”) must read and agree to these terms and conditions ("Terms"). Business agrees that if a representative of Business (e.g. an employee or director) (a “Representative”) clicks the checkbox in the registration form, this will constitute agreement to these Terms. Business will not be eligible to receive a prize in connection with this Contest unless it agrees to these Terms. The person accepting the Terms on behalf of Business warrants that he or she has full power and authority to do so.
1.1 To participate in the Contest and be eligible for entry, the following conditions must be satisfied throughout the duration of the Contest:
a. Business must be established and have a billing address in the Philippines.
b. Business must not be: (i) resident of a US embargoed country, (ii) ordinarily resident in a US embargoed country, or (iii) otherwise prohibited by applicable export controls and sanctions programs from participating in the Contest.
c. Representatives must be at least 18 years old and not be employees, officers, or directors of Google, its subsidiaries and affiliated companies, or be the immediate family or living in the households of any such persons.
1.2. Business will provide its Representatives with a copy of these Terms. Business will, and will ensure that all Representatives will, comply with all laws, regulation and their fiduciary obligations applicable to their entry into this Contest, including but not limited to anti-bribery laws.
1.3. Representatives acknowledge that any prizes will be awarded to their Business and not to them individually.
1.4. You may submit multiple entries to the Contest. The number of entries you may submit is unlimited.
1.5. Entries must be from YouTube ad campaigns that ran anytime within calendar year 2017 until January 15, 2018.
1.6. All determinations of eligibility will be made at Google’s sole and absolute discretion. Google reserves the right to verify eligibility and to adjudicate on any related dispute at any time. No correspondence will be entered into.
2. How to Participate:
2.1. You must:
a. Submit your entry using the official submission form;
b. Provide a link to the YouTube ad campaign;
c. Appoint a point of contact for the entry; and
d. Agree to the terms and conditions on the submission form.
2.2. All data provided through the registration process must be complete and correct.
3. Key Dates:
Contest begins at 12:00am UTC on November 1st, 2017 and ends at 11:59 pm UTC on January 15th 2018 ("Contest Period"). Entry requirements in Section 2.1 must be completed by 11:59 pm UTC Thursday, February 22th, 2018. After this date, the submission window will officially close.
4. Determining the winners:
4.1. There are total of 17 categories for entry submissions and, subject to Section 4.4, there will be a total of 18 winners for the Contest, including the YouTube Ad of the Year 2017, which will be selected by the panel of judges from amongst all the finalists.
4.2. The Categories are:
4.2.1. Food and Beverage
4.2.2. Health and Nutrition (including pharmaceutical products/over-the-counter medicines)
4.2.3. Beauty and Personal Care (including services)
4.2.4. Financial Institutions and Services
4.2.5 Retail and Restaurants (including Fast Food Chains)
4.2.6 Technology, E-Commerce, and Telco
4.2.7. Travel, Transport, Automotive and Leisure
4.2.8. Media and Publications
4.2.9. Corporate Image and Public Sector
4.2.10. Charities and Non-Profit
4.2.11. Multi-Video Storytelling
4.2.12. Best in 5-second intro
4.2.13. Long-Form Storytelling (>1 minute duration)
4.2.14. 6-second Storytelling
4.2.15. Storytelling for Occasions
4.2.16. Format Innovation (Vogon, VR, 360, animation, interactive, etc)
4.2.17. Effectiveness (proven business results, brand metrics lift, sales lift, etc)
4.3. Google, at its sole discretion, will initially screen all entries and provide a shortlist for the consideration of the panel of judges, based on the following criteria:
4.3.1. Average view duration
4.3.2. Average view thru rate
4.3.3. Business Impact
4.4. The panel of judges will choose 3 finalists per category from the shortlisted entries based on the Judging Criteria. The panel of judges will then choose one winner per category based on the Judging Criteria. The panel of judges may consider the factors in Section 4.3 in choosing the finalists and eventual winners. The Judging Criteria are as follows:(“Judging Criteria”):
4.4.1. Does the entry have a strong story that elicits emotion?
4.4.2. Is the story universal; can people easily relate to it?
4.4.3. Do the first 5 seconds have a strong hook that encourages a full view?
4.4.4. Originality: Is it unique in its approach, style, perspective, etc?
4.4.5. Visually rich: Does it maximize the power of sight and motion?
4.4.6. Power of Sound: Does it maximize this element to embellish the story?
4.4.7. Characters: Does it leverage substantial personalities/creators in its storytelling?
4.4.8. Element of surprise: Does it have an unexpected turn?
4.4.9. Does the entry encourage unique-to-YouTube interactivity w/ viewers?
4.4.10. Was it able to tell the brand story conversationally with the viewers?
4.4.11. Does the entry compel the viewer to share or talk about it?
The panel of judges, in its sole discretion and in consultation with Google, may decide: (a) not to choose finalist(s) and/or winner(s) for one or some categories set out in Section 4.2; and/or (b) to give special awards to one or some of the finalists.
5.1. Each of the 17 category winners, and the YouTube Ad of the Year 2017 winner will receive 1 YouTube trophy (the “Prize”), which will be presented at an awards ceremony in Manila on May 4, 2018. Each winner will also receive public recognition after the event. The details of the public recognition will be determined at Google’s discretion.
5.2. All decisions by Google regarding Prize winners are final and binding and no correspondence will be entered into.
5.3. Prizes will be delivered to the winners by May 31, 2018.
5.4. Google reserves the right in its reasonable discretion to change the date of the awards ceremony, provided that Google will send notifications for change of dates in advance.
6. Notification of Winners and Winners’ Obligations
6.1. The finalists will be notified on or before March 30, 2018 through email. The winners will be announced live at an event on May 4, 2018.
6.2. Google reserves the right in its reasonable discretion to change the date for notifying the finalists, provided that Google will send notifications for change of dates in advance.
6.3. Google reserves the right in its reasonable discretion to substitute equivalent Prizes of equal or greater value. No cash equivalent of Prizes can be claimed.
6.4. You may be required to submit a declaration of eligibility and/or publicity release in order to receive a Prize.
6.5. Google is not responsible for lost, late, misdirected, mutilated, incomplete and illegible entry materials, or for electronic transmission errors, theft or destruction or unauthorized access to or alterations of entry, technical malfunctions of any kind. Entries are void if they are, in whole or in part, incomprehensible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft.
6.6. Google will not be liable for unsuccessful efforts to notify you if you are a winner. If you decline a Prize, do not respond to the Prize notification within 60 days of the notification being sent, fail to claim the Prize in the manner specified, are unavailable for Prize fulfillment, fail to abide by these Terms or are ineligible, Google may select an alternative winner from all remaining participants.
6.7. The Prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. If you are a winner, you will bear all responsibility for use of the Prize in compliance with any conditions imposed by the Prize manufacturer, and any additional costs associated with its use, service, or maintenance.
6.8. If you win a Prize, you will be solely responsible for ensuring that you comply with any applicable tax laws and filing requirements.
6.9. Prizes are non-transferrable. You may not sell on or give away a Prize to other persons.
6.10. Contestants can confirm if they are winners by sending an email to firstname.lastname@example.org up to one month after the Contest Period.
7.2. Your information may also be transferred to countries outside your country residence, including the United States. Such other countries may not have privacy laws and regulations similar to those of your country of residence.
7.3. You have the right to request access, review, rectification or deletion of any personal data held by Google in connection with the Contest by writing to Google email@example.com.
8. Intellectual Property Rights
8.1. As between Google and you, you retain ownership of all intellectual property rights (including moral rights) in and to any content submitted by you as part of your entry into the Contest. By submitting an entry into the contest, you grant Google, its subsidiaries, agents and partner companies, an irrevocable, worldwide, royalty-free, and non-exclusive licence for the duration of any intellectual property rights in the entry to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your entry into the Contest (1) for the purposes of allowing Google and the judges to evaluate the entry for purposes of the Contest and identifying winners to the public, and (2) for the use in Google marketing material.
8.2. You promise that you are entitled to any intellectual property rights in your entry and that you have not copied your entry, in whole or in part, from any other existing work.
9. Right To Cancel, Modify Or Disqualify
9.1. If for any reason outside Google’s control, the Contest is not capable of running as planned (which may include tampering, unauthorized intervention, fraud, technical failures, printing errors, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest), Google may, at its sole discretion, cancel, terminate, modify or suspend the Contest.
9.2. Google may, acting reasonably: (a) disqualify any participant who tampers with the submission process or any other part of the Contest or whose conduct is contrary to the spirit of the rules or the intention of the Contest and declare void any or all of their entries based on such conduct; or (b) declare void any entries resulting from any errors materially affecting the result of the contest or the number of entrants.
10. Limitation of Liability & Disclaimer of Warranties
10.1. Nothing in these Terms will exclude or limit the liability of Google or its affiliates for:
a. death or personal injury as a result of the negligence of Google or its affiliates, servants, agents or employees;
b. fraud or fraudulent misrepresentation; or
c. any other liability that may not be excluded or limited under applicable law.
10.2. Subject to Section 10.1, Google shall not be liable under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) for any:
a. loss of profit; or
b. indirect or consequential losses; suffered or incurred by you (whether or not any such losses were or were not foreseeable or within the contemplation of the parties).
10.3. Subject to Section 10.1(b), and to the extent permitted by law, all warranties, conditions or terms, express or implied, relating to the Prize, its use, value or enjoyment, including (without limitation) its satisfactory quality or fitness for purpose, are excluded, with the exception of any standard manufacturer's warranty that may apply to the Prizes.
10.4. Subject to Sections 10.1 and 10.2 Google's total liability to you and your Representatives under or in connection with this Contest (whether in contract, tort (including negligence) or otherwise) is limited to, at its option: (i) the replacement of the prize or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply.
If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.
12. Governing Law and Jurisdiction
(a) All claims arising out or relating to this agreement or any related Google products or services (including any dispute regarding the interpretation or performance of the agreement) ("Dispute") will be governed by the laws of the state of California, USA, excluding California's conflicts of laws rules.
(b) The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").
(c) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
(d) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.
(e) Subject to the confidentiality requirements in Subsection (g), either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Subsection (e).
(f) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
(g) Any arbitration proceeding conducted in accordance with this Section will be considered confidential information, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Subsection (g) to a competent court as may be necessary to file any order under Subsection (e) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).
(h) The parties will pay the arbitrator’s fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees.
(i) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.